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Radboud Repository
Part of book or chapter of book . 2019
Data sources: Radboud Repository
SSRN Electronic Journal
Article . 2018 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/oso/97...
Part of book or chapter of book . 2019 . Peer-reviewed
Data sources: Crossref
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The Judicialisation of the Blockchain

Authors: Ortolani, P.;

The Judicialisation of the Blockchain

Abstract

Abstract This chapter argues that blockchain technologies structurally tend towards ‘judicialization’ and challenge the traditional, state-centric notions of jurisdiction and enforcement. After an introductory section, section II sets the scene by locating the emergence of blockchain technologies within the broader debate concerning the relationship between national and transnational law. Such a contextualization is crucial in order to develop a reliable understanding of the impact of this set of technologies on the state’s capacity to preserve its central role in the administration of justice through a system of courts. Against this background, section III investigates the effect of blockchains and smart contracts on the notion of jurisdiction, drawing lessons from the historical evolution of the concept and applying them to the current technological reality. Relying on empirical data, it is argued that the growth of blockchain technologies has given rise to a proliferation of private arbitral systems, generating a new division of labour between state courts and private adjudication. Finally, section IV of the chapter considers the emergence of self-enforcing smart contracts and its consequences for the traditional view whereby the state maintains a monopoly over the use of force.

Country
Netherlands
Related Organizations
Keywords

Business and Patrimonial Law, Algemeen Vermogensrecht

  • BIP!
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    2
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
Green
Fields of Science
Fields of Science
Related to Research communities